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HomeMy WebLinkAbout04-23-15 PETITION FOR GRANT OF LETTERS REGISTER OF WILLS OF CUMBERLAND COUNTY, PENNSYLVANIA Petitioner(s)named below,who is/are 18 years of age or older,apply(ies)for Letters as specified below,and in support thereof aver(s)the following and respectfully request(s)the grant of Letters in the appropriate form: Cindy L.Chamberlin and Bertha J.Johnson Decedent's Information I ' Name: Lucia F.Chamberlin File No: 21-15 " L455 a/k/a: Lucy F.Chamberlin (Assigned by Register) a/k/a: a/k/a: Social Security No: Date of Death: 03/09/2015 Age at Death: 89 Decedent was domiciled at death in Cumberland County, E8 (state)with his/her last principal residence at 70 Dead End Lane,Shippensburg 17257 Qwwlln Cumberland Street address,Post Office and Zip Code City,Township or Borough cot-ty Decedent died at Carlisle Regional Medical Center Carlisle,PA 17013 Carlisle Cumberland PA Street address,Post Office and Zip Code City,Township or Borough County State Estimate of value of decedent's property at death: if domiciled in Pennsylvania...................... All personal property $ 3,550.00 if not domiciled in Pennsylvania................ Personal property in Pennsylvania $ If not domiciled in Pennsylvania................ Personal property in County $ Value of real estate in Pennsylvania................................................................... $ 850,000.00 TOTAL ESTIMATED VALUE $ 853,550.00 Real estate inPermsylvaniaskated at 70 Dead End Lane,Shippensburg,PA 17257 Hopewell Township Cumberland (attach adc tfonal sheets if necessary.) Street address,Post Office and Zip Code City,Township or Borough County ❑X A. Petition for Probate and Grant of Letters Testamentary Petitioner(s)aver(s)that he/she/they islare the Executor(s)named in the Last Will of the Decedent,dated 01/16/2007 and Codicil(s) thereto dated State relevant circumstances(e.g.,,enunciation,death ofexewfor,eta) Except as follows:after the execution of the instrument(s)offered for probate,Decedent did not marry,was not divorced,was not a party to a pending divorce proceeding wherein the grounds for divorce had been established as defined in 23 Pa.C.S.§3323(g),and did not have Pshild bom or adopted;and Decedent was neither the victim of a killing nor ever adjudicated an incapacitated person. NO EXCEPTIONS ❑ EXCEPTIONS CC-11 710 ryl ❑B. Petition for Grant of Letters of Administration (if applicable) M -v =0 C� c.t.a.,d.b.n.,db.n.C.ta.,pedente)ite,-,dy e�bsenti"rantevnin ate If Administration,c.La or d b.n.c.t.a.,enter date of Will in Section A above and complete list of heirs. r = t� W � Q Except as follows:Decedent was not a party to pending divorce proceedingwherein the grounds for divorce had been`festhblished as defined in 23 Pa.C.S.§3323(g)and was neither the victim of a killing nor ever adudicated an incapacitated person. c, _n --rt -rt F1NO EXCEPTIONS ❑ EXCEPTIONS Petitioner(s),after a proper search has/have ascertained that Decedent left no Will and was survived by the following spquse(if any ands eiRattach additional sheets,if necessary): o Name Relationship Address Bertha J.Johnson Daughter 15225 Popular Neck Road King George,VA 22485 Cindy L.Chamberlin Daughter 58 Dead End Lane Shippensburg,PA 17257 Wilbur C.Chamberlin Son 7" ead End Lane Shippensburg,PA 17257 Allen R.Chamberlin Son 70 Dead End Lane Shippensburg,PA 17257 See continuation schedule attached Form RW-02 rev.10-i i-2o11 Copyright(c)2011 form software only The Ladner Group,Inc Page 1 of 2 Oath of Personal Representative Official Use Only COMMONWEALTH OF PENNSYLVANIA } } SS: COUNTY OF Cumberland } Petitioner(s)Printed Name Petitioner(s)Printed Address Cindy L.Chamberlin 58 Dead End Lane Shippensburg,PA 17257 Name as listed in Will: Cindy L.Chamberlin Bertha J.Johnson 15225 Poplar Neck Road King George,VA 22485 Name as listed in Will: Bertha J.Johnson Co M cn �7 6, "Fhe Petitionar(s)abiave-named swear(s)or affirm(s)the statements in the foregoing Petition are true and correct to the best of they know{gdge a- d-Y belief of Petitioner(s)and that,as Personal Representative(s)of the Decedent,Pe''oner s) 'll well and truly administer the estate a ing to• awq Swi rn to or affirrted'and�subseribed before n Date —2 7i '.me fh' -day of -J Date 7a -By: Date r - For fheReoister Date s ` BOND Required? YES 0 NO To the Register of Wills. FEES' Please enter my appearance by my signature bel w: Letters.......................................... $ 101,0 Attorney S' ture: (3 )Short Certificate(s)......... ( )Renunciation(s).............. ( )Codicil(s)........................ ( )Affidavit(s)...................... Printed Name: Jerry A.Weigle Esquire Bond............................................. Supreme Court Commission.................................. ID Number: 01624 1z iOrt'her 4 1,5 Firm Name: Weigle&Associates,P.C. wl '5 Address: 126 East King Street Shippensburg,PA 17257 Phone: 717/532-7388 Automation Fee............................ • Fax: 717/532-5289 JCSFee....................................... TOTAL......................................... $ 10t E-mail: DECREE OF THE REGISTER Date of Death: 03/09/2015 Social Security No: Estate of Lucia F.Chamberlin File No: 21-15 -y`j5 a/k/a: Lucy F.Chamberlin a AND NOW, ,in consideration of the foregoing Petition, satisfactory proof having been resented before me,IT IS DECREED that Letters Testamentary are hereby granted to Cindy L.Chamberlin and Bertha J.Johnson in the above estate and(if applicable)that the instruments dated R ( PP ) ( ) 01/16/2007 described in the Petition be admitted to probate and filed of record as th last Will(and Codicil(s))of Decedent.' Aq R ister of Wills "14/141 Copyright(c)2011 forth software only The Ladamr Group.Inc Page 2 of 2 - i LAST WILL AND TESTAMENT I, LUCIA F. CHAMBERLIN, presently residing at 70 Dead End Lane, Hopewell Township, Cumberland County, Shippensburg, Pennsylvania, being of sound mind, memory and disposition, do hereby make, publish and declare this my Last Will and Testament, hereby revoking and making void all Wills by me at any time heretofore made. FIRST. I order and direct the payment of all my legally enforceable debts and funeral expenses as soon as may be convenient after my decease. SECOND. I direct that my beloved son, ALLEN R. CHAMBERLIN, shall have the right to live in my home real estate known as 70 Dead End Lane, Hopewell Township, Cumberland County, Pennsylvania 17257, for and during the remainder of his natural life as long as he is physically and mentally able to do so and so long as he lives alone in said real estate. In the event that another person or persons should subsequently take up residence in said real estate with him, the said right to live there shall cease forever, the real estate shall be sold by my hereinafter named Co-Executors, and the net proceeds thereof distributed in accordance with my Last Will and Testament THIRD. I give, devise and bequeath all my estate, real, personal and mixed, whatsoever and wheresoever situate, to my beloved children namely, ALLEN R. CHAMBERLIN, WILBUR C. CHAMBERLIN, CINDY L. CHAMBERLIN and BERTHA J. JOHNSON subject to the above-referenced life estate interest in my home given and bequeath - to my son ALLEN R. CHAMBERLIN pursuant to this my Last Will & Testament on a per stirpes distribution basis. FOURTH. In the event that my son, ALLEN R. CHAMBERLIN, is living at the time of my death and receives a share of my estate under this my Last Will and Testament, I direct that such share be held IN TRUST by my hereinafter named Trustee, since the said ALLEN R. CHAMBERLIN is physically disabled. CINDY L. CHAMBERLIN, presently residing at 58 Dead End Lane, Shippensburg, Pennsylvania and BERTHA J. JOHNSON, presently residing at 15225 Poplar Neck Road ming George, VA or the survivor thereof shall serve as Co-Trustees. In providing for the establishment of this trust for the benefit of my son, I am aware of the special circumstances and disabilities affecting him, which may cause or will cause him to be eligible for various local, state and federal benefits and entitlements, as well as possible assistance provided by various private agencies and organizations. The primary purpose of this trust is to assure that the said ALLEN CHAMBERLIN achieves his maximum potential and leads as full, independent and normal a life as possible. To that end, it is my wish that my individual Co-Trustees view themselves not only as trustees in the traditional sense, but also as protectors, guardians and .advocates"for my said son. Correspondingly, my named Co-Trustees shall expend the income and UJ cTprincip!al of the trust in ways that best further these goals and under the following terms and (�. onditi ps:; c' M % ('o A-t,,C _, —�•` �`�. `.��. / r cl _ (SEAL) c> LL ,y UJ L,n WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 A. The Co-Trustees, within their complete and unfettered discretion, shall apply the income and principal of the trust in furtherance of the purposes of the trust as set forth in subparagraph FOURTH above and generally to enhance the life of my son, ALLEN R. CHAMBERLIN, if living,but only to the extent not provided for by insurance or by Federal, State, local or any other assistance programs of any nature whatsoever, including Supplemental Security Income benefits under the Federal Income Maintenance Program as then existing. The Co-Trustees shall have full powers of choice and discretion over the expenditure of payments of the trust. The Co-Trustees shall provide trust payments of such an amount as not to preclude payment of the maximum amounts of any Federal, State, local or other assistance programs, as noted above. The income and principal of this trust may therefore be used as judged necessary and appropriate as a supplement to, but not to supplant, such Federal, State, local or other assistance, and to the extent the income of this trust is not used, the Co-Trustees may accumulate the income and add it to the principal of the trust. B. The Co-Trustees are empowered to collect and expend on behalf of my said son, ALLEN R. CHAMBERLIN, all governmental financial assistance benefits to which he is otherwise entitled; provided that such funds shall not be co-mingled with the other funds of this trust. C. In the exercise of the Co-Trustee's discretion to expend income and principal for the said ALLEN R. CHAMBERLIN, the .Co-Trustees are directed that consideration should be given to any Letters of Instruction which I may, from time to time, direct to the Co-Trustees. Such Letters of Instruction, if any, shall be interpreted based upon the express purposes stated herein, and shall not be interpreted to expand the powers and limitations of the Co-Trustees hereof. D. In the exercise of discretion with respect to income and principal distributions for ALLEN R. CHAMBERLIN, if any, the Co-Trustees shall bear in mind my express desire to preserve, to the greatest extent possible, this trust's assets for eventual distribution to my beneficiaries other than my said son, whether outright or in trust. The foregoing sentence is in no way intended to limit the sole and absolute discretion of the Co-Trustees with respect to such distributions or to give any remainderman any right to challenge any distribution made by the Co-Trustees in the proper exercise of such discretion. Rather, said sentence is intended to aid the Co-Trustees and any Court or administrative agency in properly interpreting my intent in establishing this trust, namely, that the needs of my son be provided for WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG. PA 17257-1397 only to the extent that governmental benefits and entitlements and other resources are either unavailable, inadequate, or have been exhausted. E. If any governmental agency determines that this trust is an "available resource" to be utilized and exhausted to pay for services for ALLEN R. CHAMBERLIN otherwise provided by public funding, then the Co- Trustees may, at their complete discretion, elect to terminate this trust, in which case the trust assets shall be distributed in accordance with subparagraph G below as if the said ALLEN R. CHAMBERLIN was then deceased. F. In the event that a time comes when the said ALLEN R. CHAMBERLIN is no longer disabled as determined in the sole discretion of the Executor or Co-Trustees, my said Co-Trustees may then elect to terminate the trust and to distribute the trust assets (principal and accumulated interest) to the said ALLEN R. CHAMBERLIN. Any such determination by my said Executor or Co-Trustees shall be final and the Executor and/or Co-Trustees shall be indemnified and held harmless from any and all claims resulting from such determination and decisions. G. Upon the death of the said ALLEN R CHAMBERLIN,the principal of his trust as then constituted together with any accrued and undistributed income thereon, shall be distributed to WILBUR C. CHAMBERLIN, CINDY L. CHAMBERLIN and BERTHA J. JOHNSON on a per stirpes distrubution basis . FIFTH. In the event that my son, ALLEN R. CHAMBERLIN should predecease me I then give, devise and bequeath all my estate, real, personal and mixed, whatsoever and wheresoever situate to my children, namely, WILBUR C. CHAMBERLIN, CINDY L. CHAMBERLIN, and BERTHA J. JOHNSON, in equal shares, on a per stirpes.distribution basis. SIXTH. It is my specific intent and desire, however, to exclude my son, DAVID C. CHAMBERLIN from any distribution from this my last Last Will & Testament as he has otherwise been provided for during my lifetime. SEVENTH. I nominate, constitute and appoint my daughters, CINDY L. CHAMBERLIN and BERTHA J. JOHNSON or the survivor thereof to be the Co-Executrixes of this my Last Will and Testament. (SEAL) WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 EIGHTH. I direct that neither of my personal representative(s) shall be required to give bond for the faithful performance of their duties in any jurisdiction. IN WITNESS WHEREOF, I, LUCIA F. CHAMBERLIN,have hereunto set my hand and seal to this my Last Will and Testament, written on four (4) pages, the first page signed for identification only,this day of � , 2007. 7 (SEAL) This instrument was by the Testatrix, on the date hereof, signed, published and declared by LUCIA F. CHAMBERLIN to be her Last Will and Testament, in our presence, who at her request and in the presence of each other, we believing her to be of sound and disposing mind and memory,have hereunto subscribed our names as witnesses. I W V14a V- kl'4 1 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND wegDricia Ere-y �� ou &rd and I-11fDq )(--. I�LEMJ , the witnesses whose names are signed to the foregoing instrument, being duly qualified according to law, do depose and say that we were present and saw LUCIA F. CHAMBERLIN, the Testatrix, sign and execute the instrument as her Last Will; that she signed willingly and that she executed it as her free and voluntary act for the purposes therein expressed; that each of us in the hearing and sight of the Testatrix, signed the Will as witnesses; and that to the best of our knowledge the Testatrix was at the time eighteen(18) or more years of age and of sound mind and under no constraint or undue influence. C d /l Sworn or affirmed to and subscribed before me by� e , r and L1 N D A l� ' )(ILC—,AJ w' sses, this IO C/day o , 2007. NOTARIAL SEAL Z.;' Jerry A.Weigle, Notary Public ~ f Shippensburg,PA Cumberland County r! My Commission Expires October 7,2010 :y WEIGLE & ASSOCIATES, P.C. — ATTORNEYS AT LAW — 126 EAST KING STREET — SHIPPENSBURG, PA 17257-1397 COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND I, LUCIA F. CHAMBERLIN, the person whose name is signed to the foregoing instrument, having been duly qualified according to law, do hereby acknowledge that I signed and executed the instrument as my Last Will; that I signed it willingly; and that I signed it as my free and voluntary act for the purposes therein expressed. Sworn or affirmed to and acknowledged before me by L CIA F. MBERLIN, the Testatrix, this day of 007. NOTARIAL SEAL ' Jerry A.Weigle, Notary Public f. Shippensburg, PA Cumberland County ' My Commission Expires October 7,2010 ye •. f M1J• WEIGLE & ASSOCIATES. P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397